Title 39 — HEALTH AND SAFETY

39-1101. Policy. It is hereby declared to be the policy of this state to establish a statewide system for the protection of children in daycare facilities. This system is intended to establish standards, while still leaving primary responsibility for evaluation and selection of d…

39-1102. Definitions. As used in this chapter: (1) "Board" means the Idaho board of health and welfare. (2) "Child" means a person less than thirteen (13) years of age. (3) "Daycare" means care and supervision provided for compensation during part of a twenty-four (24) hour day, …

39-1103. Licensing authority. The department is hereby authorized and directed to issue "basic daycare licenses" as provided in this chapter. The department is authorized to establish procedures for issuing licenses to daycare facilities which shall be maintained and operated in …

39-1104. Application for license — Fire safety and health inspections. (1) Application. A person who wishes to operate a daycare facility shall be a minimum of eighteen (18) years of age, shall submit an application on the forms provided by the department, and shall obtain the re…

39-1105. Criminal history checks. (1) All owners, operators, and employees of a daycare facility who have direct contact with children and all other individuals thirteen (13) years of age or older who have unsupervised direct contact with children or are regularly on the premises…

39-1106. Issuance of license — Renewal. (1) Upon receipt of the completed application, inspection certificates and the criminal history, the department shall, upon a finding of compliance with the standards set forth in this chapter, issue a basic daycare license to the applicant…

39-1107. Fees. (1) The total fee to be assessed for a daycare license shall not exceed three hundred twenty-five dollars ($325) for daycare centers with more than twenty-five (25) children in attendance at any given time, two hundred fifty dollars ($250) for daycare centers with …

39-1109. safety standards. (1) Daycare facilities, owners and operators shall comply with the following safety standards in the area of the daycare facility in which daycare is provided: (a) Adequate fire and smoke alarms; (b) A functional telephone located on the daycare premise…

39-1110. Health standards. Daycare facilities shall comply with the following health standards: (1) Food for use in daycare facilities shall be prepared and served in a sanitary manner with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior to u…

39-1110A. behavior management and discipline. Methods of behavior management and discipline for children shall be positive, consistent, and based on each child’s needs, stage of development, and behavior. Discipline is to promote self-control, self-esteem, and independence. The f…

39-1111. Rules authorized. In order to implement the provisions of this chapter, the department, in addition to other duties imposed by law, is hereby authorized and directed through rulemaking to establish procedures necessary to implement the provisions of this chapter includin…

39-1112. Visitation. Any parent or guardian shall have the absolute right to enter the premises of any facility during the period of care for the parent’s or guardian’s child or children. Any failure or refusal to allow entry to a parent or guardian may be grounds for suspension …

39-1112A. access to information. The department shall make available to daycare consumers information to educate daycare consumers with informational tools useful in identifying quality daycare, including: (1) The importance of parents being vigilant for the safety, emotional hea…

39-1113. Denial, suspension or revocation of license. (1) The department shall investigate complaints against daycare facilities. If a preliminary investigation indicates that a more complete investigation is necessary, the operator of the facility shall be informed of the invest…

39-1114. Limited applications. (1) Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check. (2) Fire inspections m…

39-1115. Misdemeanor. (1) It shall be a misdemeanor to operate a daycare facility within this state without first obtaining a basic daycare license from the department unless otherwise exempted by this chapter. (2) If a daycare facility is found to be operating without a license,…

39-1116. Prosecution. It shall be the duty of the prosecuting attorney of the county in which the daycare facility is located to prosecute violations of the provisions of this chapter.

39-1118. Immunization. (1)(a) Within fourteen (14) days of a child’s initial attendance at any licensed daycare facility, the parent or guardian shall provide an immunization record to the operator of the daycare facility regarding the child’s immunity to certain childhood diseas…

39-1119. Training requirements. The owner or operator of a daycare center shall ensure that each employee receives four (4) hours of ongoing training in child development areas related to daycare every twelve (12) months after the employee’s hire date. Each staff member counting …